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Possession of a firearm by convicted felon

West Palm Beach Possession of a firearm by a convicted felon lawyer

Florida statute 790.23 is the statute for possession of a firearm by a convicted felon. Although it is often referred to as possession of a firearm by a convicted felon, the statute is broad. It also prohibits possession of ammunition and electric weapons or devices.

What does the State have to prove to get a conviction for possession of a firearm by a convicted felon?

A person owns or has in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device

OR

A person carries a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:

(a) Convicted of a felony in Florida.

(b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age; (this usually pertains to minors committing delinquent felony acts)

(c) Convicted of or found to have committed a crime against the United States which is designated as a felony;

(d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or

(e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.

Penalties

Generally, 15 years prison is the maximum sentence in Florida for possession of a firearm by a convicted felon. However, based on a defendant’s prior record and penalty enhancements, the maximum sentence may be increased up to life in prison.

Defenses

Your rights were violated.

For example, if you were in a vehicle that was stopped without probable cause, that is a great issue. Even if the police had probable cause to stop the vehicle, there still may be an issue with the search.

Did the search exceed what the officers were allowed to do? Also, was consent given freely and voluntarily or were there implied threats, intimidation or promises involved? There may be a Miranda rights issue. There may be a right to remain silent issue.

You did not actually possess the firearm. Actual possession means the gun is on your person or in your hands.

You did not constructively possess the firearm. Constructive possession occurs when you have knowledge about the gun and you exercise dominion and control over the gun. However, the gun is not in your actual possession or on your person.

You had no knowledge of the firearm.

You did not exercise dominion and control over the firearm.

You were not convicted of a felony.

You had your civil rights and firearm (gun) rights restored.

Your criminal record was expunged pursuant to Florida Statute 943.0515(1)(b).